Reclaim Taken Domain Names                  
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PROTECT YOUR DOMAIN NAME

claim domain names back from cyber-squatters

The law is on your side. It is a simple, fast and affordable process to claim domain names from cyber-squatters.

  It takes only 90 days
  +  Complainants have a 89% success rate
 We can quickly evaluate your claim

Is someone taking business away from you through the use of similar  domain names. Now you can fight back. It is simple. It is quick. It is not expensive. Statistically, Complainants have a  89% global success rate.

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What you need to know!

Cyber squatting is when people register domain names similar to or a variation of your name or trademark,  or even names of companies or products / services / projects that you have or are about to launch for the specific purpose of selling these domain names back to you at a profit.

This is illegal. In Thailand you can seek redress and claim these names through both the civil and criminal courts as cyber squatting is in breach of both.

The penal code of Thailand section 309 allows for punishment when someone threatens another’s property or reputation and that is essentially what a cyber-squatter threatens. Section 272 (1) is also applicable in the context of cyber-squatting because it allows for punishment for passing off. Passing off essentially occurs when someone uses a corporate name, trade mark or service mark, without permission, with the intention to mislead the public.

The Civil and Commercial Code of Thailand allows the rightful owners of corporate names, trademarks and service marks to be compensated by unauthorized persons who register those names/marks as domain names for the purposes of conducting business.

The Trademark Act also imposes criminal sanctions on offenders who use another’s registered trademark or service mark to mislead the public. However, once again, this is only applicable when the cyber-squatter conducts business from the counterfeit web-site.

Although it is recommended that you trademark your name it is not a condition for claiming against a cyber squatter.

However there is an even easier, quicker and better process that is low key, does not involve the Thai authorities and is applicable globally. It is straight forward. It is fast. It is statistically 89% successful.

 You can seek redress through ICANN the international register of domain names and their domain name dispute arbitrator The World Intellectual Property Organization (WIPO).

WIPO statistics  demonstrate a 89% success rate for companies applying for domain name redress, to stop someone else using a domain name for the purpose of profit. These domain names are transferred from the respondent to the company applicant.

It only takes 60 days to complete the process from time of receiving an application and usually only 90 days from the time you decide to take action.

The Process

  • Engage a Domain Name Protection Consultant (that’s us)
  • Evaluate the legal status of your claim and receive a report and recommendation of action
  • Upon favorable evaluation we engage a lawyer to send a letter to the cyber squatter advising them of their legal position and requesting them to transfer the domain names to the applicant company at cost or cost plus handling fees.
  • Usually this letter will be ignored but it sets the precedent that the person or company has no authority to represent your business, products or services.
  • We then make application to WIPO following legal procedures and with the likelihood of a successful outcome.
  • From the time you engage us to the time you receive a decision should be 90 days or there about.

It is not expensive. Three fees are involved WIPO standard fees and your Domain Name Consultant & legal fees. WIPO fees are as follows:

  • 1 to 5 domain names           USD $1,500                45,000* THB
  • 6-10 domain names             USD $2,000                60,000* THB                                       

*Example exchange rate $1/THB 30

Domain name consultant fee details are as follows:

  • Initial consulting and evaluation of circumstances including
    legal services. Filing of complaint and follow through to completion        25,000 THB

If our first action of sending a letter to the offender works, your total cost is only 25,000 THB and so far we have had a 100% success rate without having to take further action

See case study at right

CASE STUDY 


We have a 100% track record in reclaiming domain names. 


A local large property developer with multiple projects was losing business because various people had registered domain names that used all or part of his property project names or had used similar names. We were asked to retrieve 9 domain names from people around the world. 


Before taking the offenders to WIPO our policy is to inform them how their actions are illegal; what the consequences might be and give them the option to transfer the domain names to our client. 


In these cases, several laws were broken. 


Thai Civil Law: The Commercial Code protects business against this type of behaviour and can impose fines and revocation of use of names. 


Thai Criminal law: Using similar business & domain names to get business advantage is considered fraud with each case carrying a 3 year prison sentence and fines.
 

Domain Registrar Terms of Agreement. This type of behaviour is prohibited under the agreement when you purchase a domain name. It can be revoked and offered to the claimant. 


Civil & Commercial laws of individual countries: Ranging from revoking the domain name to fines and in some cases prison terms. 


United Nations World Intellectual Property Organisation (WIPO) regulations: Claimants historically have an 89% success rate in reclaiming domain names from offenders. Upon making a claim the defendant must first lodge a significant fee to WIPO to defend his claim. Otherwise the chances are the name will be confiscated & given to the claimant. 


So far our letters outlining the options the claimants have in reclaiming the domain names have had a 100% success rate in the offenders transferring the domain names to our clients.




CALL US: 038 186 335
& start reclaiming
your domain names.